Abandon Green card - Shanghai

[Avs81]

Hi All,

 

Long time since I last posted , things still going well 5 years now in Hangzhou. To my question, my wife wants to abandon her 10 year green card but when we visited the consulate in Shanghai they wouldn't answer our questions how to abandon the card.

 

They also won't even talk to my wife about her visa or green card at all, so I am wondering how can we get this done? I know there is a form for this that's no issue but what's the process to get this done at the consulate?

 

Also my wife currently has a re entry permit that's about to expire, we won't be renewing that of course.

 

Thanks everyone for your help in advance...

 

Regards,

 

Bill

[Randy W]

It's not clear why you would want to do that, unless it works to your advantage for income tax purposes, or to try to instead get a 10 year visitor's visa for her (which comes without the maintenance headaches that the green card has).

 

But see Tax issue for lpr here on CFL, if taxes are your concern. Her LPR status MAY affect whether you need to report her income and/or pay taxes on it.

 

My own wife still has her 10 year green card, good (for nothing, actually, but still on the books) for another couple of years.

 

If we were to take a trip back to the U.S., I would expect that she would be turned back at the POE. We would need to file an I-407 along with her application for a visitor's visa at the Consulate.

 

Form I-407

 

Returning to or Rescinding Legal Permanent Resident Status -

Quote

If you intend to travel to the U.S. as a non-immigrant, you may wish to file an Abandonment of Lawful Permanent Resident Status Form I-407 to clarify your status. Former LPRs will usually be asked to execute this document and surrender their I-551 (green card) before being issued a non-immigrant visa. The I-407 can be executed on the same day as your non-immigrant visa interview before the interviewing Consular Officer.

 

I'm sure the above also applies when applying for an IR-1 visa after a long absence. The form I-407 clarifies your present status - if you have not attempted to use a previous green card, it may still be on record as being valid. In other words, when returning to the US after an extended absence but before the green card expiration date, your green card may still be on file as valid. The Immigrations Officer, however, may decline your entry and revoke your green card. To clarify the situation, you may wish to have your spouse file a new I-130, and file the I-407 to conclusively show abandonment of the green card.

Edited October 9, 2016 by Randy W (see edit history)

[dnoblett]

Study topics marked I-407 http://candleforlove.com/forums/tags/forums/I-407/

A few have done this due to residing a long times out of the USA, while doing it then apply for a 10 year B-2 visit visa for trips to the USA and if and when truly wishing to move to the states permanently then file for another spouse visa.

 

Similar situation. http://candleforlove.com/forums/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/?p=600044

[newacct]

Shanghai consulate's page on abandoning green card is here (scroll down to #3).